BILL NUMBER: AB 2707	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2006
	AMENDED IN ASSEMBLY  APRIL 3, 2006

INTRODUCED BY   Assembly Member Keene

                        FEBRUARY 24, 2006

   An act to add Section 594.37 to the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2707, as amended, Keene  Crime: picketing.
   Existing law makes it a crime for a person to disturb, obstruct,
detain or interfere with any person carrying or accompanying human
remains to a cemetery or funeral establishment, or engaged in a
funeral service or an interment.
   This bill would make it a crime, punishable by a fine not
exceeding $1,000, imprisonment in a county jail not exceeding 6
months, or by both, for a person to engage in picketing  targeted
 at a funeral, as defined, during the time period beginning one
hour prior to the funeral and ending one hour after the conclusion
of the funeral. The bill would also authorize a court to award
damages, including punitive damages, injunctive relief, attorney's
fees, and any other appropriate relief against a person who violates
those provisions. The bill would set forth related findings and
declarations.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature hereby finds and declares the
following:
   (1) It is generally recognized that families have a substantial
interest in organizing and attending funerals for deceased relatives.

   (2) The interests of families in privately and peacefully mourning
the loss of deceased relatives are violated when funerals are
disrupted by picketing.
   (3) Picketing of funerals causes emotional disturbance and
distress to grieving families who participate in funerals.
   (4) Full opportunity exists for the exercise of freedom of speech
and other constitutional rights at times other than within one hour
prior to or during the funeral and one hour following the conclusion
of a funeral.
   (b) The purpose of this act is to protect the privacy of grieving
families and to preserve the peaceful character of cemeteries,
mortuaries, and churches during the time one hour before and one hour
after a funeral.
  SEC. 2.  Section 594.37 is added to the Penal Code, to read:
   594.37.  (a) It is unlawful for a person to engage in picketing
 targeted  at a funeral during the time period beginning one
hour prior to the funeral and ending one hour after the conclusion
of the funeral.
   (b) Any violation of subdivision (a) is punishable by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding six months, or by both that fine and imprisonment.

   (c) A court may award damages, including, but not limited to,
punitive damages, and may also award injunctive relief, attorney's
fees, and any other appropriate relief against a person who violates
subdivision (a).
   (d) For purposes of this section:
   (1) "Funeral" means the ceremony,  procession, 
or memorial service held in connection with the burial or cremation
of a deceased person.
   (2) "Picketing" means protest activities engaged in by any person
within 300 feet of a  cemetery,   burial site,
 mortuary, or church.
   (3) "Protest activities" includes oration, speech  , use of
sound   amplification equipment in a manner that makes
speech, or oration audible to participants in a funeral  , or
similar conduct before an assembled group of people that is not part
of the funeral, the display of placards, banners, posters, flags, or
similar devices that are not part of the funeral, and the
distribution of any handbill, pamphlet, leaflet, or other written
material that is not part of the funeral.
  (e) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.